Increased Enforcement of Work Permit Application Process

The situation

The Kenyan Department of Immigration issued a new directive on August 27, 2018 noting that it will increase its enforcement of the rule requiring foreign nationals seeking to work in Kenya to apply for a work permit prior to entry.

A closer look

• Pre-travel steps. As a reminder, foreign nationals must apply for and acquire their work permit prior to travelling to Kenya. They should not enter under a business visa to later acquire a work permit in Kenya.
• Work permit renewals. Foreign nationals with expired work permits cannot remain in Kenya during the processing of their work permit renewal application. Therefore, foreign nationals are advised to file their work permit renewal applications at least four months prior to the work permit expiry date to avoid having their work permit expire and having to therefore leave Kenya.

Impact

The Department of Immigration’s warning of increased enforcement should serve as a reminder for employers and employees to comply with the requisite process for entry for work in Kenya.

Fragomen in Kenya is Fragomen Kenya Limited, operating exclusively as an immigration consultancy and not as a law firm in Kenya. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].